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Today, the court agreed to hear a challenge to the affirmative action policy at the University of Texas. The case was brought by Abigail Fisher, who argues she was denied admission to the university because of UT's race-conscious policy.

It's the second time the court has taken up the issue in the past 10 years. In 2003, the court upheld the University of Michigan's use of race in assessing law school applicants by a vote of 5-4. But today's court is more conservative. Former Justice Sandra Day O'Connor wrote the majority opinion in the Michigan case. She's since been replaced by Justice Samuel Alito – who tends to vote with the court’s more conservative bloc.

Yale law professor Peter Schuck tells KUT News a number of factors outside the court’s University of Michigan ruling could be in play, as each state university system differs. Here in Texas, Schuck points to the effect the UT system’s “top 10 percent” rule could play.

College and university presidents are wringing their hands over the U.S. Supreme Court's decision to revisit the issue of affirmative action next fall. Critics of racial preferences are thrilled because the court could significantly restrict the use of race in admissions, but proponents of affirmative action say this would be a huge setback for institutions struggling to diversify their student body.